Basic Principles
The authority of an agency to act is statutorily delegated An agency possesses only such authority as has been delegated to it and no more So long as the authority to conduct hearings is delegated, an agency may establish by rule or regulation, the procedures governing the hearing process
Basic Principles
An agency ’ s hearing procedures must be consistent with provisions of the gaming ordinance Any substantive provisions contained in the ordinance must be included in the agency ’ s rules/regulations governing the hearing process Agency rules and regulations cannot grant an agency powers it does not possess nor “ correct ” statutory “ defects ”
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